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At an election to a State Bar Council of 15 elected members, the quota is 300. At the end of a count,…

Illustration No. 2 to rule 4(B) of Chapter II, Part III of the Bar Council of India Rules gives both results, so "Only Statements 1 and 2 are correct". For a 15-member…

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At an election to a State Bar Council of 15 elected members, the quota is 300. At the end of a count, with no further surplus to distribute, M (not on a State roll for 10 years) and N (on a State roll for more than 10 years) each have 100 votes. Consider these statements under Illustration No. 2 to rule 4(B) of Chapter II, Part III of the Bar Council of India Rules, as they stand on 1 October 2026:
Statement 1: If only 7 candidates of at least 10 years' standing have been declared elected, M is excluded.
Statement 2: If 8 candidates of at least 10 years' standing have been declared elected, N is excluded.
Statement 3: Because M and N have equal votes, the Returning Officer must decide by lot which of them is excluded.
Which of the statements are correct?

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Answer and explanation

Correct answer A

Illustration No. 2 to rule 4(B) of Chapter II, Part III of the Bar Council of India Rules gives both results, so "Only Statements 1 and 2 are correct". For a 15-member Council the proviso to section 3(2)(b) of the Advocates Act calls for about one-half (eight) members of ten years' standing: with seven elected, the junior M goes out; with eight elected, N goes out. Drawing lots under rule 4(A)(iii) applies to ties between junior candidates who have reached the quota, not to this exclusion.

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